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Using Foreign Choice-of-Law Clauses to Avoid U.S. Law

Can private actors utilize choice-of-law clauses selecting the laws of a foreign country to avoid laws enacted by the United States? In this post, I argue that the answer is a qualified yes. I first examine situations where the U.S. laws in question are not mandatory. I then consider scenarios where these laws are mandatory. Finally, the post looks at whether private parties may rely on foreign forum selection clauses and foreign choice-of-law clauses—operating in tandem—to avoid U.S. law altogether.
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Civil Personal Status Law Litigation in the UAE – Between Lofty Ideals and Sour Realities

I. Introduction

It is not uncommon for scholars to debate whether private international law is needed as a distinct discipline, and whether it is truly indispensable. After all, could one not save the effort and complexity of applying foreign law by simply treating all cases as purely domestic? From a theoretical standpoint, the answer is yes, since no State is under an inherent obligation to apply foreign law. Yet, such an approach entails serious shortcomings, particularly when it comes to respecting vested or acquired rights, meeting the legitimate expectations of the parties, and fostering cross-border commerce. It follows that the costs of refusing to recognize and apply foreign law are far greater than the difficulties associated with maintaining a system of private international law. It is therefore unsurprising that private international law has established itself as a common language for managing the legal diversity inherent in transnational relations. Read more

2025 New Chinese Arbitration Law: Improvements Made and To Be Further Made

(This post is written by Dr. Chen Zhi who is an Attorney at Zhiheng Law Firm Guangzhou Office, PRC).

I. Introduction

On September 12, 2025, the newly revised Arbitration Law (hereinafter New Arbitration Law) of the People’s Republic of China (hereinafter “PRC”) was adopted by the Standing Committee of the National People’s Congress (hereinafter as “SCNPC”) with the subsequent promulgation by the President of PRC, and will take effect on March 1, 2026. The New Arbitration Law features novelties such as the introduction of “arbitration seat”, limited liberalization of ad hoc arbitration, enshrining online arbitration, a higher threshold for eligibility of arbitrator, and a shorter duration for applying for annulment of arbitral award from six months to three months. Nonetheless, some articles of the New Law leave room for further discussion. This article combs through the history of revision, delves into the highlights and remaining gaps of the New Arbitration Law, and provides insights into its significance for the development of commercial arbitration in Mainland China from the perspective of an arbitration practitioner in Mainland China. Read more

News

Calls Open: Summer School and Workshop on Consumer Law and Green Rights in the EU

The University of Udine, together with its partners, has announced two exciting opportunities for students, researchers and practitioners interested in European consumer and market law, with a particular focus on sustainability and the circular economy.

The first call invites participants to register for the Summer School “Consumer and Market Law in the European Circular Economy” to be held at the University of Udine, from 8 to 17 July 2026. This programme offers a unique chance to engage with leading scholars and experts, explore the evolving legal framework surrounding sustainable markets and deepen understanding of how EU law is adapting to support the transition toward a circular economy. The Summer School promises an interdisciplinary and international learning environment, making it especially valuable for those looking to expand both their academic knowledge and professional networks. The organisers have provided the Call for applications – Udine Summer School 2026 and the Brochure – Udine Summer School 2026.

In parallel, a second call has been launched for abstracts for the Workshop “Judicial Protection and Enforcement of ‘Green’ Rights in the EU”. This workshop aims to bring together researchers and practitioners to discuss critical issues related to environmental rights enforcement, judicial protection mechanisms and the role of courts in advancing the EU’s green transition. Contributors are encouraged to submit abstracts that engage with current challenges and emerging developments in this rapidly evolving field. The workshop will be held at the University of Udine, on 14 July 2026. The organisers have provided the Call for Abstracts – Workshop Udine Summer School 2026.

Registration is now open for the Summer School, and interested participants are encouraged to apply promptly. At the same time, those wishing to present at the workshop can submit their abstracts for consideration.

Both initiatives reflect a growing commitment within the European academic and legal community to address sustainability challenges through legal innovation and collaboration. For more information on the programmes, application procedures and deadlines, please visit the official project website.

Activities are co-funded by the EU Erasmus+ Programme.

Internships at the HCCH

Applications are now open for three- to six-month legal internships at the headquarters of the Permanent Bureau of the HCCH in The Hague, for the period from September 2026 to February 2027!

Interns work with our legal teams in the Family and Child Protection Law Division, the Transnational Litigation and Apostille Division, and the Commercial, Digital and Financial Law Division.

Duties may include carrying out research on particular points of private international law and/or comparative law, taking part in the preparation of HCCH meetings, and contributing to the promotion of the HCCH and its work.

Applications should be submitted by Monday, 20 April 2026 at 18.00 (CEST). For more information, please visit the Internships Section of the HCCH website.

This post is published by the Permanent Bureau of the Hague Conference of Private International Law (HCCH).

TDM Call for Papers: Special Issue on “International Arbitration and the Space Industry”

Transnational Dispute Management (TDM) has kindly shared the following Call for Papers with us.

We are pleased to announce a forthcoming Transnational Dispute Management (TDM, ISSN 1875-4120, www.transnational-dispute-management.com) special issue on “International Arbitration and the Space Industry.”

This Special Issue will be edited by Alexandra van der Meulen, Kate Gough, Joshua Kelly, Annie Pan and Veronika Timofeeva (Freshfields LLP).

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